In the Matter of the Estate of Robert Brown, Deceased

Summary

The New York Court of Appeals affirmed the lower court's order, holding that the remainder devised to the children of each daughter under the testator's will is vested in all of the daughter’s children, including the issue of a child who predeceased the daughter. The court based this on a construction of the will that favors inclusion of heirs unless the testator clearly expressed an intent to exclude them.